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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-2. RENTAL OF PUBLIC SPACE |
Section 24-225. PUBLIC SPACE PERMIT FEES
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225.1The following schedule of fees shall apply to public space permits:
Description of Permit
Permit Fee
(a) Administrative:
Application Fee (New or Renewal)(Public Utilities Exempt)
$50.00
(b) Temporary Occupancy:
(1) General Temporary Occupancy (fee per month unless otherwise noted)
$50.00
Unless noted in § 225.1(b)(2), all temporary occupancy fees will be fifty dollars ($50.00) per month.
(2) Specific Temporary Occupancy
Notwithstanding the provisions of § 225.1(b)(1), the following specific temporary occupancy fees apply:
(A) Residential Moving Trucks (2 days maximum)
$50.00
(B) Man Hole Access (each occurrence)
$85.00
(C) Man Hole Access (Annual Permit)
$2,585.00
(D) Receptacles for construction debris (e.g., Dumpsters™) placed in public space in areas zoned CR, C-1 through C-5, CM, M, SP-1 and SP-2, and W-1 through W-3:
Permit Fee
Per Month
Months 1, 2, and 3
$75.00
Months 4 and 5
$100.00
Month 6 or more
$150.00
(E) Receptacles for construction debris (e.g., Dumpsters™) placed in public space in areas zoned R-1 through R-5:
Permit Fee
Per Month
Months 1, 2, and 3
$75.00
Months 4 and 5
$125.00
Month 6 or more
$200.00
(c) Public Inconvenience Fee
In addition to those fees in paragraph (b) of this subsection, a public inconvenience fee for the temporary occupancy of public space in excess of a one-time thirty (30) calendar day grace period per permit shall be applied as follows:
(1) Within the Central Business District, as defined in 18 DCMR § 9901:
Fee/Sq-Ft/Day
Parking Lane (where no parking meters exist)
Fee established for prohibiting parking in 18 DCMR §§ 2407.20 and 2407.21
1st Travel Lane (to include lanes dedicated for use by bicycles)($2,250 maximum fee per block per 30 days)
$0.040
2nd Travel Lane and Each Additional ($2,250 maximum fee for each lane per block per 30 days)
$0.060
Alley ($2,250 maximum fee per block per 30 days)
$0.020
Sidewalk ($3,000 maximum fee per block per 30 days)
$0.030
Pedestrian Walkway Credit (for 100% of sidewalk area where the pedestrian pathway is maintained per DDOT Pedestrian Safety and Work Zone Standards: Covered and Open Walkway)
-$0.030
(2) Outside the Central Business District, as defined in 18 DCMR § 9901:
Fee/Sq-Ft/Day
Parking Lane (where no parking meters exist)
Fee established for prohibiting parking in 18 DCMR §§ 2407.20 and 2407.21
1st Travel Lane (to include lanes dedicated for use by bicycles)($2,250 maximum fee per block per 30 days)
$0.030
2nd Travel Lane and Each Add’l ($2,250 maximum fee for each lane per block per 30 days)
$0.045
Alley ($2,250 maximum fee per block per 30 days)
$0.015
Sidewalk ($3,000 maximum fee per block per 30 days)
$0.020
Pedestrian Walkway Credit (for 100% of sidewalk area where the pedestrian pathway is maintained per DDOT Pedestrian Safety and Work Zone Standards: Covered and Open Walkway)
-$0.020
(d) Fixture(s) and Paving (in Public Parking):
Permit Fee
Fence
$50.00
Fence w/Brick Piers
$75.00
Retaining Wall
$75.00
Planter Box (each)
$75.00
Coping
$75.00
Steps
$75.00
Over-Height Fence or Wall
$135.00
Minor Repair of Fence, Wall or Paving
$50.00
Paving (up to 150 square feet)
$75.00
(e) Fixture(s) and Paving (other):
Permit Fee
Pay Phone (each)
$75.00
Street Furniture
$135.00
Raised Planter Box(es) on Sidewalk
$135.00
Moveable Planter Box(es) on Sidewalk
$135.00
Bollards
$135.00
Sign(s)
$135.00
Canopy Sockets
$75.00
Paving (up to 150 square feet)
$75.00
Repair/Replace Existing Driveway
$75.00
Close Existing Driveway
$75.00
New Residential Driveway
$75.00
New Commercial Driveway
$135.00
New Circular Driveway
$135.00
Sidewalk Paving (up to 300 linear feet)
$135.00
Curb & Gutter (up to 300 linear feet)
$135.00
Alley Paving/Roadway Paving (up to 300 linear feet)
$135.00
Resurface Roadway (up to 300 linear feet)
$75.00
Subsurface Fuel Tank (each – new or replacement)
$250.00
Other Fixture(s) or paving in public space
$135.00
(f) Building Projections:
Permit Fee
Porches & Steps (each)
$75.00
Areaway (each)
$75.00
Window Well (each)
$75.00
Bay Window (each)
$75.00
Projections Requiring Exception from Building Code (See 12 DCMR A § 3202.4) (each)
$135.00
(g) Grading:
Permit Fee
Roadways, sidewalks and alleys
$0.00
(h) Trees and Landscaping:
Permit Fee
Plant Public Space Tree(s)
$0.00
Remove Public Space Tree(s)
$100.00
Plant Hedge(s)
$75.00
Other Landscaping (Commercial)
$75.00
Prune Street Tree(s)
$75.00
Build New Tree Space(s)
$75.00
Install Tree Fence(s)
$50.00
(i) Minor Excavation:
Permit Fee
(1) Non-House Service
Test Pits, Boring, and Cores (single)
$50.00
Test Pits, Boring, and Cores (Each additional)
$20.00
Monitor Wells (single)
$135.00
Monitor Wells (Each additional)
$20.00
Conduit Relocation (up to 10 linear feet)
$50.00
Other Minor Excavation (up to 100 square feet and not requiring sheeting and shoring)
$85.00
(2) House Service (each premise)
Water/Fire Connection/Abandonment/Repair – up to 2 inch pipe size
$50.00
Water Meter Pit and associated Pipe up to 2 inches
$50.00
Gas Connection/Abandonment/Repair
$50.00
Electric Connection/Abandonment/Repair
$50.00
Communication Connection/Abandonment/Repair
$50.00
Sanitary Sewer Connection/Abandonment/Repair – up to 4 inch pipe size
$85.00
Storm Sewer Connection/Abandonment/Repair – up to 4 inch pipe size
$85.00
(j) Major Excavation:
Permit Fee
Regulator Stations, above and below ground, and associated appurtenances installation or removal (each)
$135.00
Washington Gas and Light – System Monitoring/Telemetric Equipment installation or removal (each)
$85.00
Washington Gas and Light – Non-Emergency maintenance related excavations such as for cathotic protection activities, encapsulations, other O & M activities (each)
$85.00
Gas Service Connection/Abandonment/Repair (each)
$85.00
Electric Service Connection/Abandonment/Repair only
$85.00
Electric Service Connection/Abandonment/Repair and associated Manhole and Conduit (each)
$135.00
Transformer Vault and associated Manhole and Conduit (each)
$250.00
Water/Fire Connection/Abandonment/Repair (each – over 2 inch pipe size)
$85.00
Water Meter Manhole and associated piping(each)
$135.00
Fire Hydrant Installation/Repair/Removal (each)
$85.00
Sanitary/Storm Sewer Connection/Abandonment/Repair (each – over 4 inch pipe size)
$135.00
Sanitary/Storm Sewer Manhole (each)
$135.00
Communication Manhole (each)
$135.00
Utility or Communication Excavation for Pipe, Conduit or Cable (each 200 linear feet or portion thereof)
$135.00
Sheeting and Shoring (each 100 linear feet or portion thereof)
$135.00
Abandonment or Removal of Subsurface Fuel Tank or Vault (each)
$135.00
(k) Overhead Electrical/Communication:
Permit Fee
(1)Install/Remove/Replace Overhead Electrical/Communication Wire
Up to 300 linear feet
$50.00
Each additional 300 linear feet or portion thereof
$20.00
(2)Install/Remove/Replace Utility/Communication Pole with or without Guy Wire
First Pole
$50.00
Each Additional Pole
$20.00
(3)Install/Remove/Replace Guy Wire for Utility/Communication Pole
First Guy Wire
$50.00
Each Additional Guy Wire
$20.00
(l) Moving Overweight, Over-length, or Over-width equipment (excluding permits issued to the federal government):
Permit Fee
Single Trip (each)
$30.00
Round Trip (each)
$50.00
(m) Miscellaneous:
Permit Fee
Per Month
All miscellaneous permits primarily benefitting the applicant
$50.00
(n) Inspection Fee:
Fee per Hour
Additional fee for any needed inspection of paving, repairing or altering of public space
$50.00/hr
(o) Public Space Abutting Business (see § 201.1):
One-Time Permit Fee
Use of public space by operators of abutting businesses
$139.00
(p) Steel Plates:
Public space covered by 1 or more steel plate(s) at any time between and including January 1 and March 31 and between and including November 1 and December 31
$0 per plate for the first 5 days
in public space;
$600 per plate for days 6 through 10 in public space;
$900.00 per plate for all subsequent 5-day periods.
Public space covered by 1 or more steel plate(s) at all other times
$0 per plate for the first 5 days
in public space;
$300 per plate for days 6 through 10 in public space;
$450.00 per plate for all subsequent 5-day periods.
(q) Bus stop:
Use of public space for buses that park, as that term is defined in 18 DCMR § 9901, at a designated location in public space on a regular schedule to pick up and drop off passengers:
Annual fee of two dollars and fifty cents ($2.50) multiplied by the hours per week permitted for occupancy further multiplied by fifty- two (52)
(r)Charging station:
In addition to all other applicable fees, a person using an electric charging station located in public space, pursuant to 18 DCMR § 2406.14, will be assessed a one dollar ($1.00) per hour inconvenience fee for the use of public space to charge the vehicle.
225.2Notwithstanding the provisions of § 225.1, ladders and scaffolding placed in residential areas located on unpaved parking shall not require a permit and shall be exempt from the temporary occupancy fee.
225.3A refund of public space fees shall be made as follows:
(a)If no public space occupancy occurred, or will occur, for the entire duration of the permit authorizing the temporary occupancy, and if the request for the refund is made, in writing, to the Director within one hundred eighty (180) days from the date the permit authorizing the occupancy was issued and the permit and receipt are returned to the public space permit office, all public space fees shall be refunded, except for the following:
(1) A fifty dollar ($50.00) administrative fee to process the refund;
(2) The initial fifty dollar ($50.00) application fee to process the permit; and
(3) The cost of inspection to verify that no occupancy occurred, based on fifty dollars ($50.00) per inspector hour.
(b)Failure to provide a request for refund within the time and manner specified in § 225.3(a) will result in complete forfeiture of all public space fees associated with that permit.
225.4The penalty for a permit to abate notice of doing work without a permit shall be fifty percent (50%) of the fee.
225.5Waiver of permit fees pertaining to all public space permits except those issued to the public utility companies. No permit fee shall be charged for the following:
(a)Work done exclusively for the District government;
(b)Changes in existing structures made at the request of the District Government; or
(c)Work done exclusively for agencies of the United States Government.
225.6No permit fee shall be charged to a public utility, as that term is defined in Section 2 of the Underground Facilities Protection Act of 1980, effective March 4, 1981 (D.C. Law 3-129; DC Official Code § 34-2701), for the following:
(a)Work done exclusively for the District to service District owned fixtures;
(b)Work done exclusively for District buildings and connections to the buildings;
(c)Changes in existing structures made at the request of, or on order from the Mayor of the District;
(d)For mains, conduits, or other structures laid or repaired in advance of new paving purely to avoid cuts, therein and as a result of notification to the permittee from the District that paving is contemplated;
(e)Work done under contract for the District;
(f)Work done to repair damages caused by construction done by the District or by a contractor for the District; or
(g)Work done exclusively for agencies of the United States Government.
225.7The fees collected pursuant to this section are proceeds collected by the District for the rental of public space and shall be deposited in the Department of Transportation Unified Fund, as provided in paragraph 9c(c)(4) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.11(c)(4)).
225.8Beginning on October 1, 2010, there shall be imposed a non-refundable technology fee on each public space permit. The technology fee shall be equal to ten percent (10%) of the total amount of the public space permit fee.
225.9The Director may waive the public inconvenience fee set forth in § 225.1(c) for the temporary occupancy of:
(a)Public space that is being occupied strictly for the purpose of restoring public space following an excavation or construction project, and only for the time needed to restore public space;
(b)A public alley that is totally contained within a work zone associated with a land development or redevelopment project; provided, that the temporary closing will not prohibit the only vehicular or pedestrian access to:
(1)The side or rear of a private property abutting the work zone; or
(2)Another public alley that provides the only vehicular or pedestrian access to the side or rear of abutting private property; or
(c)A public street right-of-way that is totally contained within a work zone associated with a land development or redevelopment project, if:
(1)The street classification, as shown in District records, is a local street or no street classification is shown; and
(2)The temporary closing will not prohibit vehicular or pedestrian access to any private property.
225.10No public inconvenience fee set forth in § 225.1(c) shall be charged for the renewal of an existing public space permit for the temporary occupancy of public space pertaining to construction or excavation staging, if the original public space permit for temporary occupancy was applied for prior to the implementation date set forth in § 225.11.
225.11The implementation date of the public inconvenience fee set forth in § 225.1(c) shall be as follows:
(a) For construction staging or excavation on public space associated with construction activities on private property, the public inconvenience fee shall begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register, except where the associated construction is a new building construction or building reconstruction.
(b) For construction staging or excavation on public space associated with new building construction or building reconstruction activities:
(1) The inconvenience fee will begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for projects having one hundred (100) linear feet of street right-of-way frontage or less;
(2) The inconvenience fee shall begin to be assessed on October 1, 2011, for projects having one hundred one (101) to three hundred (300) linear feet of street right-of-way frontage;
(3) The inconvenience fee shall begin to be assessed on April 1, 2012, for projects having three hundred one (301) to seven hundred (700) linear feet of street right-of-way frontage; and
(4) The inconvenience fee shall begin to be assessed on October 1, 2012, for projects having seven hundred one (701) or more linear feet of street right-of-way frontage.
(c)For construction staging or excavation on public space performed by a utility company or other party with infrastructure within the street right-of-way, the public inconvenience fee shall be phased in as follows:
(1) The inconvenience fee will begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for utility work for service projects done for private parties in connection with construction or other improvements on private property; and
(2) The inconvenience fee will begin to be assessed on October 1, 2012, for utility work that is done as a planned system improvement project to upgrade or install new utility main lines.
(d)Notwithstanding §§ 225.1(a) and (b), the inconvenience fee shall begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for projects that will cause eighty percent (80%) or more of the street right-of-way width to be closed, except as set forth in § 225.9(c).
225.12
(a)Except for the application fee, permit fees for the occupancy or use of public space, public rights-of-way, or public structures may be waived or reduced for any project that:
(1)Is conducted by a civic association or a Business Improvement District of Community Improvement District established pursuant to the Business Improvement Districts Act of 1996, effective May 19, 1996 (D.C. Law 11-134; D.C. Official Code §§ 2-1215.01 et seq.);
(2)In the Mayor’s determination, serves a public benefit;
(3)Does not impose costs on the District government; and
(4)Does not involve commercial sponsorship.
(b)For the purposes of this subsection, the term “civic association” means any organization that is:
(1) Comprised of residents of the community within which the public space, public right-of-way, or public structure is located;
(2)Operated primarily for the improvement or benefit of the community within which the public space, public right-of-way, or public structure is located; and
(3)Exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3), (4)).